GURUSHARAN SHARMA, J. - (1.) HEARD . After death of the licencee Suraj Singh Sodhi, proprietor of M/s. Suraj Service Centre, Giridih, M/s. Bharat Petrolium Corporation Limited granted, dealership licence Jointly in the names of his widow Jasbinder Singh and her two sons, who authorised Gul Sharan Singh to look after the said petrol pump business. He filed Title Suit No. 41 of 1998 against the widow and two sons of late Suraj Singh Sodhi for injunction and also impleaded M/s. Bharat Petrolium Corporation Limited and its officers as defendant in the said suit. A separate petition was filed for direction to the defendants 1 to 3 restore possession of the petrol pump to him and to restrain them from interferring with the business of M/s. Suraj Service Centre and for further direction to defendants 4 to 6 for regular supply of diesel.
(2.) THE trial Court rejected the petition on 17.9.1999. Plaintiff preferred Miscellaneous Appeal No. 16 of 1999, which was allowed by the District Judge, Giridih, on 29.9.2000. Trial Courts order dated 17.9.1999 was set aside and defendants were directed to hand -over possession of the petrol pump to Gul Sharan Singh and not to interfere with the said business in any manner till disposal of the suit. Defendants 4 to 6 were directed to supply diesel to M/s. Suraj Service Center without any break. I find that the District Judge committed error of jurisdiction in passing the impugned order, prima facie no material was brought on record to suggest that the plaintiff had any legal right against defendants to seek such interim relief in the form of injunction and mandatory injunction. I, therefore, set aside the order dated 29.9.2000 passed by the District Judge, Giridih, in Miscellaneous Appeal No. 16 of 1999, and confirm the order dated 17.9.1999 passed by the First Sub -or -dinate Judge, Giridih, in Title Suit No. 41 of 1998. It gone without saying that the observations of the courts made in the injunction matter shall not be used at the time of hearing of the suit.
(3.) IN the result, this Revision application is allowed with the above observations/ directions. There shall be no order as to costs.;